Fair Work Ombudsman
At a glance
- Kreating Real Change Disability Services
- $7,012
- 2
- MA000123
What happened
the Applicant, a sole trader operating Kreating Real Change Disability Services in Crookwell, New South Wales, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice required her to back-pay two employees, a married couple, for periods between June 2020 and September 2022. The workers were employed in full-time home care positions. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers.
What was decided
The Federal Circuit and Family Court imposed a $7,012 penalty against the Applicant. She was also ordered to back-pay the workers a total of $13,878, plus superannuation and interest. This follows previous penalties imposed against the Applicant in July 2023 for similar non-compliance. The court found the Applicant was aware the employees were owed money and ignored the Compliance Notice. Judge Manousaridis emphasized the need for a 'meaningful' penalty to deter future misconduct.
What it means for employers
Employers, particularly those in the disability support services sector, must comply with Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in substantial penalties and back-payment orders. The Fair Work Ombudsman prioritizes compliance in the disability support services sector and will take legal action against non-compliant businesses. Employers should review their payroll practices and seek assistance if needed.
What it means for employees
Employees experiencing issues with their pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and courses to help employees understand their rights and obligations. Employees can also seek information from their employer or union.
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